HUKAM CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is instituted against the judgment 12.9.2008, whereby the appellant/accused (hereinafter referred to as the "accused" for the sake of convenience) was convicted and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one year under Section 376 of the Indian Penal Code and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 10,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of one year under Section 3(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He was acquitted under Section 201 of the Indian Penal Code.

(2.) CASE of the prosecution, in a nut -shell, is that on 27.8.2007, at about 7.00/7.30 A.M., at village Behna (Pandroh) the accused committed rape on the prosecutrix, who was nine years old. The prosecutrix belonged to Scheduled caste, whereas the accused belonged to Rajput caste. The accused used his position to exploit the prosecutrix sexually and thereby committed offence under Section 3(xiii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC & ST Act" for the sake convenience). The prosecutrix was medically examined. The accused was also medically examined. After receipt of the FSL report, the Challan was put up in the court after completing all the codal formalities.

(3.) LEARNED trial Court sentenced and convicted the accused under Section 376 of the Indian Penal Code and under section 3(xii) of the SC & ST Act, whereas acquitted him under Section 201 of the Indian Penal Code vide judgment dated 12.9.2008, as stated hereinabove. Hence, the appeal.